Justia Consumer Law Opinion Summaries

Defendants manufacture and distribute FDA-approved prescription eye drop medications for treating conditions such as glaucoma. Bottles are pre-packaged with a fixed volume of medication; labeling does not indicate how many doses or days of treatment a patient can extract from the bottle. The dimensions of the bottle’s dropper tip dictate the size of the drop dispensed. Scientific research indicates that a normal adult’s inferior fornix – the area between the eye and the lower eyelid – has a capacity of approximately 7-10 microliters (µLs) of fluid. If a drop exceeding that capacity is placed into an eye, excess medication is expelled, providing no pharmaceutical benefit to the patient. Expelled medication also may flow into a patient’s tear ducts and move into his bloodstream, increasing the risk of certain harmful side effects. These studies conclude that eye drops should be 5-15 µLs. Defendants’ products emit drops that are considerably larger so that at least half of every drop goes to waste. The Third Circuit reversed dismissal of a putative class action (Class Action Fairness Act, 28 U.S.C. 1332) under state consumer protection statutes. The consumers’ allegations of injury were sufficient to confer standing. Plaintiffs claim economic interests in the money they spent on medication that was impossible for them to use; their concrete and particularized injury claims fit comfortably in categories of “legally protected interests” readily recognized by federal courts. View "Cottrell v. Alcon Laboratories" on Justia Law

Susinno alleged that on July 28, 2015, she received an unsolicited call on her cell phone from a fitness company called Work Out World (WOW). Susinno did not answer the call, so WOW left a prerecorded promotional offer that lasted one minute on her voicemail. Susinno filed a complaint, claiming WOW’s phone call and message violated the Telephone Consumer Protection Act (TCPA) prohibition of prerecorded calls to cellular telephones, 47 U.S.C. 227(b)(1)(A)(iii). The district court dismissed, reasoning that a single solicitation was not “the type of case that Congress was trying to protect people against,” and Susinno’s receipt of the call and voicemail caused her no concrete injury. The Third Circuit reversed, finding that the TCPA provides a cause of action and that the injury was concrete. The TCPA addresses itself directly to single prerecorded calls from cell phones, and states that its prohibition acts “in the interest of [ ] privacy rights.” View "Susinno v. Work Out World Inc" on Justia Law

Wilkes-Barre Hospital’s radiology department x-rayed Daubert. His bill was $46. Radiology Associates forwarded his medical report and cell phone number to its billing company, MBMS. Daubert’s health-insurer contributed $21. Daubert did not pay the remaining $25. MBMS transferred his account to a debt collector, NRA, sharing Daubert’s cell number. NRA sent a collection letter. Daubert alleged that, visible through the envelope's window, were the sequence of letters and numbers NRA used to track Daubert’s collection account and a barcode that, when scanned by the appropriate reader, revealed that account number. NRA also called Daubert 69 times in 10 months, using a Predictive Dialer. Daubert sued, alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692, asserting that the information visible through the envelope could have revealed his private information and of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. The Third Circuit affirmed summary judgment for Daubert on his TCPA claim and awarded $34,500 ($500 × 69 calls); no reasonable jury could find that Daubert expressly consented to receive calls from NRA. The court reversed the rejection of his FDCPA claim; the use of the barcode was not a bona fide good faith error. View "Daubert v. NRA Group LLC" on Justia Law